Court refuses to discharge man of sexual harassment offence

A court here has refused to discharge a man, accused of sexually harassing three working women by passing lewd comments, saying the statement of the complainant before police is a substantial piece of evidence.
The court dismissed the revision petition of the accused, who had contended that the complainant had made different statements before the police and magistrate and that the magisterial court had erred in putting him on trial.
"As far as the evidentiary value of the statements under provisions of CrPC are concerned, they are at the same footing and of limited purpose as per sections of CrPC and Indian Evidence Act.

"The statement of complainant before FIR is a substantial piece of evidence. So the evidentiary value of the statements of complainant is different and to be tested in trial..." Additional Sessions Judge Rakesh Pandit said.
The judge also noted that two other women, who were with the complainant, had also narrated the incident and "in these circumstances, all the statements are to be seen and tested at the time of trial."
A metropolitan magistrate had framed charge of sexual harassment under section 354A of the IPC against the accused who along with his friend had allegedly harassed the three women late at night in south Delhi here on November 10, 2013.

According to the police, the women were returning home from work and when they got down from their cab at around 2.45 am, the accused and his friend passed lewd comments at them for being out on the street at that time.